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Butterfield Plaza owner files lawsuit
Thelma Grimes/San Pedro Valley News-Sun
After threatening for the last several months, Nazy Hirani, owner of the Butterfield Shopping Plaza in Benson, filed a lawsuit against the City of Benson last week.
While the lawsuit says Hirani is suing the city for an amount to be determined at trial, in past documents he has claimed the city cost him $4.8 million.
Since July when the city condemned the 4th Street shopping center where Safeway is located, Hirani has maintained he was unfairly treated. He says the damaged caused by the city, former Building Official Mike Lockett and Mayor Mark Fenn is irreparable.
Hirani had filed a second notice of claim with the city last month, stating he would not file a lawsuit if the city settled for $4.7 million.
City officials said they would not settle, and said they would fight any lawsuit.
Besides the city, Mayor Fenn and his wife, Carrie, are named as defendants in the suit. Hirani contends that Fenn, in his capacity as mayor, pushed the city staff to condemn the building so that he could benefit from it.
Hirani said the proof is in Fenn's tenants that have moved into his new commercial complex on the corner of 4th Street and Prickly Pear Avenue in front of Wal-Mart.
As talks of condemnation were ongoing, Postal Annex and Radio Shack left Butterfield Plaza and moved into Fenn's building. Both business owners had a contract with Hirani.
Steve Sacco, owner of Postal Annex, spoke to the council about the issue during Monday night's call to the public. Sacco passed out pictures of Butterfield Plaza showing holes in the floors, problems with the window frames, cracks along the walls and more.
Sacco said the building was in bad shape, most tenants don't have bathrooms and tenants, despite all the problems, are not getting a break on the rent.
Sacco said the decision to move was easy and had nothing to do with Mayor Fenn.
Besides Sacco, other tenants have applauded the city's efforts to require Hirani to bring the building up to code.
While Lockett, who resigned from the city in October, rescinded the condemnation, the city has forced Hirani to create an action plan to follow through with fixing the building.
The primary problems are on the east wing, where a recent tactic to fix the building has only made the situation worse. As the back of the building started sinking due to poor foundation, engineers hired by Hirani attempted to lift the back to make it even with the front of the building.
The lift caused more cracks in the walls and floors, caused doors and windows to shift and brought on problems with the sewer and gas lines.
After the Cochise County Health Department became involved last month because of a sewer smell, the Beijing Restaurant, a Chinese restaurant, was forced to shut down.
Sacco said for the safety of the public and the tenants inside the building, the city should condemn it.
According to the lawsuit, the city and Fenn now have 30 days to respond. Fenn and the city have said they will fight, not settle.
After threatening for the last several months, Nazy Hirani, owner of the Butterfield Shopping Plaza in Benson, filed a lawsuit against the City of Benson last week.
While the lawsuit says Hirani is suing the city for an amount to be determined at trial, in past documents he has claimed the city cost him $4.8 million.
Since July when the city condemned the 4th Street shopping center where Safeway is located, Hirani has maintained he was unfairly treated. He says the damaged caused by the city, former Building Official Mike Lockett and Mayor Mark Fenn is irreparable.
Hirani had filed a second notice of claim with the city last month, stating he would not file a lawsuit if the city settled for $4.7 million.
City officials said they would not settle, and said they would fight any lawsuit.
Besides the city, Mayor Fenn and his wife, Carrie, are named as defendants in the suit. Hirani contends that Fenn, in his capacity as mayor, pushed the city staff to condemn the building so that he could benefit from it.
Hirani said the proof is in Fenn's tenants that have moved into his new commercial complex on the corner of 4th Street and Prickly Pear Avenue in front of Wal-Mart.
As talks of condemnation were ongoing, Postal Annex and Radio Shack left Butterfield Plaza and moved into Fenn's building. Both business owners had a contract with Hirani.
Steve Sacco, owner of Postal Annex, spoke to the council about the issue during Monday night's call to the public. Sacco passed out pictures of Butterfield Plaza showing holes in the floors, problems with the window frames, cracks along the walls and more.
Sacco said the building was in bad shape, most tenants don't have bathrooms and tenants, despite all the problems, are not getting a break on the rent.
Sacco said the decision to move was easy and had nothing to do with Mayor Fenn.
Besides Sacco, other tenants have applauded the city's efforts to require Hirani to bring the building up to code.
While Lockett, who resigned from the city in October, rescinded the condemnation, the city has forced Hirani to create an action plan to follow through with fixing the building.
The primary problems are on the east wing, where a recent tactic to fix the building has only made the situation worse. As the back of the building started sinking due to poor foundation, engineers hired by Hirani attempted to lift the back to make it even with the front of the building.
The lift caused more cracks in the walls and floors, caused doors and windows to shift and brought on problems with the sewer and gas lines.
After the Cochise County Health Department became involved last month because of a sewer smell, the Beijing Restaurant, a Chinese restaurant, was forced to shut down.
Sacco said for the safety of the public and the tenants inside the building, the city should condemn it.
According to the lawsuit, the city and Fenn now have 30 days to respond. Fenn and the city have said they will fight, not settle.
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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Frank Edward Blanchard wrote on Jan 15, 2009 1:30 PM:
" ther is more then we all see, behind all the stuff that happend last year.
But the law is the law and a contract is a contract .
so who what and where is all going to be know after the court gets in this Big time . then you will all know . "
But the law is the law and a contract is a contract .
so who what and where is all going to be know after the court gets in this Big time . then you will all know . "
Overseer wrote on Jan 15, 2009 7:24 PM:
" I don't know whether or not Mayor Fenn had anything to do with the actual condemming of the building in the first place but I do know that he did not object to it being condemned and he did profit from the condemnation as it appears to have opened the doors for tenants of the building to leave and seek office space. from him . However, when Mr. Locket removed the condemnation, that is when Mayor Fenn went on the attack of Mr. Locket along with council member Al Sacco. Mr. Locket had to remove the condemnation because the engineers assessed the building damage and testified to the building being safe. Mr. Locket had no choice but to remove the condemnation. This angered Mayor Fenn because he knew he would be right smack dab in the middle of the whole thing as he is. His new tenants now have leases with him and the owner of the Plaza. If Mayor Fenn was just a local business man that would be one thing, but he is our Mayor and should not be involved in these kinds of issues. As long as Mayor Fenn mingles his business with City business these kinds of issues will plague our City. This is a perfect example of why Fenn should not be mayor and why his business draws the city into lawsuit after lawsuit. He can not serve both his business and the City of Benson's best interests at the same time. What is good for his business is not good for Benson. What is good for Benson may not be good for his business. Not all conflicts of interest are this intense but the mayors conflicts of interest are very harmful to Benson. Mayor Fenn should resign and move on. If he wants to run his business with his kind of ethics he has that right but he does not have the right to impose his business ethics and the results of them on Benson. "
Pete S wrote on Jan 14, 2009 12:59 PM: